3. Hackney / code 53 / Failing to comply with restriction on vehicles entering a pesedtrain zone
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Hackney / code 53 / Failing to comply with restriction on vehicles entering a pesedtrain zone
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Hi
My boss asked me to help him with this ticket. He claims he's always being very careful about school hours etc, he can not remember why this happen, but seems he crossed a school road om the forbidden hours. Any advice what base can I challenge it?

all info needed attached.

Googel Street View
https://maps.app.goo.gl/WRmZCJohkX5T8Wqu8

Attachet Documents
https://drive.google.com/drive/folders/1Oon_j5IbudP2GVYEa-Ss7XOLB4eCerkS?usp=sharing

Thanks a mill in advance for your help

@cp8759 , Apologies for taging you, but I received this PCN only today and the price will increase on Friday, so if you can kindly advise me asap I will be grateful. Good evening and all the best

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Re: Hackney / code 53 / Failing to comply with restriction on vehicles entering a pesedtrain zone
« Reply #1 on: »
Something seems a bit dodgy here.
Here are the signs your boss passed.  Note the 'No Right Turn' sign.
https://maps.app.goo.gl/wgyMpJoUScnwkAka8
So essentially there is no escape once committed to this street from the previous junction apart from doing a U-turn, when they'd no doubt wallop you for making a RH turn !
However, the plot thickens....
Here is the street approach at the previous crossroads: -
https://maps.app.goo.gl/K6JS564w6p2tUJ4V8
The same signs !  But with no camera here, these are not enforced until one passes the second set of signs. Crazy !

Having pointed out all the above, the video does show your boss driving past the second set of signs.  Does he understand the meaning of the "Flying Motorbike" signs ?

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Re: Hackney / code 53 / Failing to comply with restriction on vehicles entering a pesedtrain zone
« Reply #2 on: »
Hi
Thank you for your reply.
It seems to me that he know exactly what the sign means, as he claims he usually very careful about it (and in fact he never receive such tickets).
What makes me to assume that he could probably enter the road before the school hours, and been parked between the first and the second sign. Then when he pulled out at the closing time, he did not realize hes not allowed to drive there.

Do you think it makes sense?
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Re: Hackney / code 53 / Failing to comply with restriction on vehicles entering a pesedtrain zone
« Reply #3 on: »
Your narrative on what you boss did is plausible, if he can remember what he did. One could pass the first signs outside the restricted period, then stop, then carry on driving and not realise there was a second set of signs.  For me, this sign array looks quite dodgy, and hopefully others on here will give some input.
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Re: Hackney / code 53 / Failing to comply with restriction on vehicles entering a pesedtrain zone
« Reply #4 on: »
@Avrumy here's the video:



The signs are clear and during the restricted hours, are the same as a no-entry sign, so really you have to do a u-turn to drive out of the road. Misunderstanding signs that are compliant with the regulations is not a basis to appeal, so we need to look for something else.

The traffic order is The Hackney (Prescribed Routes and 20 Mph Speed Limit) (Consolidation No.1) Order 2019 as amended by The Hackney (Prescribed Routes and 20 MPH Speed Limit) (Amendment No.58) Order 2022.

Putting a representation in before midnight tonight should see the discount extended for several weeks, and that will buy us more time.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Hackney / code 53 / Failing to comply with restriction on vehicles entering a pesedtrain zone
« Reply #5 on: »
Thank you very much for your reply.
what representation should I use, or it doesn't matter for later?

Kind regards
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Re: Hackney / code 53 / Failing to comply with restriction on vehicles entering a pesedtrain zone
« Reply #6 on: »
One more question. This van was converted (adding seats) and is considered as a bus (or minibus) (like he's not paying Congestion charge etc).
Does it means he's allowed to drive through like every school bus?
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Re: Hackney / code 53 / Failing to comply with restriction on vehicles entering a pesedtrain zone
« Reply #7 on: »
For the purpose of buying more time it doesn't really matter what you say. If you look at the 2022 amending order you'll see the exemptions are very tightly defined, only TFL buses and registered school transport vehicles are allowed to enter the zone.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
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